Case: Pride v. Correa

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT against M Correa, Levin, T Ochoa, John or Jane Doe (Filing fee $ 0. Not paid, motion for IFP submitted), filed by David Codell Pride, JR.(leh)(bar ). (Entered: 07/30/2007)

MOTION for Leave to Proceed in forma pauperis by David Codell Pride, JR. (leh) (Entered: 07/30/2007)

ORDER DISMISSING CASE. (1) Plaintiffs Motion to Proceed IFP [Doc. No. 2] is DENIED.(2) This action is DISMISSED without prejudice for failure to prepay the $350 filing fee mandated by 28 U.S.C. § 1914(a), and for failure to successfully mov e to proceed IFP pursuant to 28 U.S.C. § 1915(a).(3) Plaintiff if GRANTED forty five (45) days from the date this Order is Filed to either: (1) pay the entire $350 filing fee, or (2) file a new Motion to Proceed IFP, which includes a certif ied copy of his trust account statement for the 6-month period preceding thefiling of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR 3.2(b). IT IS FURTHER ORDERED that the Clerk of the Court shall provide Plaintiff with a C ourt-approved form Motion and Declaration in Support of Motion to Proceed IFP in this matter. If Plaintiff neither pays the $350 filing fee in full nor sufficiently completes and files the attached Motion to Proceed IFP, together with a certifie d copy of his prison trust account statement within 45 days, this action shall remained closed without further Order of the Court. Signed by Judge Roger T. Benitez on 08/06/07. (Motion and Delclaration in support of motion to proceed IPF and a copy of this order sent to petitioner.)(joeh)

MOTION for Leave to Proceed in forma pauperis by David Codell Pride, JR. (leh) (Entered: 08/24/2007)

Discrepancy Order by Judge Roger T. Benitez accepting document: Motion for Assignment of Counsel from Plaintiff David Codell Pride, JR, non-compliance with local rule 5.1 and 7.1 or 47.1; The document is to be filed nunc pro tunc to date received. Signed by Judge Roger T. Benitez on 8/28/07. (aje) (Entered: 08/30/2007)

MOTION to Appoint Counsel by David Codell Pride, JR. Nunc pro tunc 8/27/07. (aje) (Entered: 08/30/2007)

ORDER granting 4 Motion for Leave to Proceed in forma pauperis; denying 6 Motion to Appoint Counsel. Directing US Marshal to effect service. IFP prepared.. Signed by Judge Roger T. Benitez on 09/21/07. (joeh)(mam).

Summons Issued (joeh)(mam). (Entered: 09/24/2007)

Discrepancy Order by Judge Roger T. Benitez rejecting document: Memorandum of Points and Authorities in Support of Case from Plaintiff David Codell Pride, JR, non-compliance with local rule Other: No original signature. Signed by Judge Roger T. Benitez on 10/18/2007. (rxm) (Entered: 10/19/2007)

Memorandum of Points and Authorities in Support of Case by David Codell Pride, JR (rxm) (Entered: 10/31/2007)

Summons Returned Unexecuted by David Codell Pride, JR as to John or Jane Doe. (rxm) (Entered: 11/02/2007)

WAIVER OF SERVICE Returned Executed by David Codell Pride, JR. M Correa waiver sent on 10/16/2007, answer due 12/17/2007. (rxm) (Entered: 11/20/2007)

WAIVER OF SERVICE Returned Executed by David Codell Pride, JR. Santiago waiver sent on 10/16/2007, answer due 12/17/2007. (rxm) (Entered: 11/20/2007)

WAIVER OF SERVICE Returned Executed by David Codell Pride, JR. Levin waiver sent on 10/16/2007, answer due 12/17/2007. (rxm) (Entered: 11/20/2007)

WAIVER OF SERVICE Returned Executed by David Codell Pride, JR. T Ochoa waiver sent on 10/16/2007, answer due 12/17/2007. (rxm) (Entered: 11/20/2007)

Ex Parte MOTION Ex Parte Application to Extend the Time to File a Responsive Pleading by Santiago, M Correa, Levin, T Ochoa. (Attachments: # 1 Declaration Declaration of Phillip Lindsay in Support of Defendants' Ex Parte Application to Extend the Time to File a Responsive Pleading)(Lindsay, Phillip) (joeh, ). (Entered: 12/10/2007)

ORDER granting 16 Ex Parte MOTION Ex Parte Application to Extend the Time to File a Responsive Pleading by Santiago. Defendans have until and including 1/18/2008 to file a responsive pleading. Signed by Judge Roger T. Benitez on 1/18/2008. (kmm)(av1, ). (Entered: 01/18/2008)

MOTION to Dismiss Plaintiff's Claim for Injunctive Relief by Santiago, M Correa, Levin, T Ochoa. (Attachments: # 1 Memo of Points and Authorities in Support of Defendants' Motion to Dismiss Plaintiff's Claim for Injunctive Relief# 2 Request for Judicial Notice in Support of Motion to Dismiss Plaintiff's Claim for Injunctive Relief)(Lindsay, Phillip). (jah). (Entered: 01/18/2008)

MOTION/Request for Leave to File a Reply to 18 MOTION to Dismiss Plaintiff's Claim for Injunctive Relief by David Codell Pride, JR. (rmm) (Entered: 02/12/2008)

NOTICE by Santiago, M Correa, Levin, T Ochoa re 19 MOTION for Leave to File (Non-Opposition to Plt's Request) (Lindsay, Phillip) (tkl, ). (Entered: 02/13/2008)

ORDER granting 19 MOTION/Request for Leave to File a Reply to 18 MOTION to Dismiss Plaintiff's Claim for Injunctive Relief. Plaintiff shall file and serve Opposition to Motion no later than 3/10/2008. Signed by Judge Jan M. Adler on 2/13/2008. (kmm) (av1, ). (Entered: 02/14/2008)

Discrepancy Order by Judge Jan M. Adler rejecting document: Motion for Summary Judgment from Plaintiff David Codell Pride, JR, non-compliance with local rule 5.1, Missing time and date on motion and/or supporting documentation, 7.1, Lacking memorandum of points and authorities in support as a separate document and Other: Motion to Dismiss filed 1/18/2008, Default not entered. Plaintiff's assertion that facts in the case are undisputed is erroneous. Motion for Summary Judgment based on Plaintiff's mistaken assertion is inappropriate at this time. Signed by Judge Jan M. Adler on 3/18/2008. (rmm) (Entered: 03/20/2008)

Discrepancy Order by Judge Jan M. Adler rejecting document: Motion for Judgment by Default from Plaintiff David Codell Pride, JR, non-compliance with local rule 5.1, Missing time and date on motion and/or supporting documentation, 7.1, Lacking memorandum of points and authorities in support as a separate document and Other: Motion is inappropriate. Defendant's Motion to Dismiss filed January 18, 2008 satisfies Rules 12 & 55's requirement for a responsive pleading. No default judgment will be granted. Signed by Judge Jan M. Adler on 3/18/2008. (rmm) (Entered: 03/20/2008)

Discrepancy Order by Judge Jan M. Adler accepting document: Opposition to Motion to Dismiss from Plaintiff David Codell Pride, JR, non-compliance with local rule Other: Late per order dated 2/13/2008 (Docket #21). Signed by Judge Jan M. Adler on 3/18/2008. (rmm) (Entered: 03/20/2008)

RESPONSE in Opposition re 18 MOTION to Dismiss Plaintiff's Claim for Injunctive Relief filed by David Codell Pride, JR. Nunc pro tunc to 3/13/2008. (rmm) (Entered: 03/20/2008)

Discrepancy Order by Magistrate Judge Jan M. Adler rejecting document: Request for Hearing Date from Plaintiff David Codell Pride, JR, non-compliance with local rule 5.1, Missing motion and/or supporting documentation and Other: No proof of service. No papers with be filed without proof of service on Defendants. Defendants were not required to file a Reply, and no hearing date will be set as Plaintiff is incarcerated. Signed by Magistrate Judge Jan M. Adler on 4/24/2008. (rmm) (Entered: 04/29/2008)

Plaintiff's MOTION/Request for an Early Neutral Evaluation ("ENE") Conference, also a date for the conference by David Codell Pride, JR. (rmm) (Entered: 05/08/2008)

REPORT AND RECOMMENDATION re 18 MOTION to Dismiss Plaintiff's Claim for Injunctive Relief. Objections to R&R due by 7/3/2008. Replies due by 7/31/2008. Signed by Magistrate Judge Jan M. Adler on 6/18/08. (All non-registered users served via U.S. Mail Service).(aje) (Entered: 06/18/2008)

ORDER denying 27 Motion for an ENE. On May 7, 2008, Plaintiff filed a Request for an Early Neutral Evaluation Conference. This is a prisoner civil rights case brought under 42 U.S.C. 1983. Local Rule for the U.S. District Court for the Southern District of California 16.1.e.8 states: "ENE conferences will not be set in Section 1983 Prisoner cases." The Court will set a telephonic Case Management Conference after Defedants have filed an Answer to Plaintiff's Complaint. Signed by Magistrate Judge Jan M. Adler on 06/19/2008. (All non-registered users served via U.S. Mail Service).(hh) (Entered: 06/19/2008)

Objection to Report and Recommendation re 28 REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss Plaintiff's Claim for Injunctive Relief filed by Levin, M Correa, Santiago, T Ochoa, filed by Levin, M Correa, Santiago, T Ochoa filed by Santiago, M Correa, Levin, T Ochoa. (Lindsay, Phillip) (pdc). (Entered: 07/03/2008)

ORDER: Ruling on Objections to Report and Recommendation 30 ; and Granting Defendants' Motion to Dismiss Plaintiff's Claim for Injunctive Relief 18 . Plaintiffs claim for injunctive relief regarding medical services is dismissed. Plaintiffs other claim for monetary damages against the four individual prison staff Defendants, acting in their individual capacities, is not the subject of Defendants Motion to Dismiss, and therefore remains. Signed by Judge Roger T. Benitez on 9/8/08. (asw)(av1). (Entered: 09/08/2008)

Discrepancy Order by Judge Roger T. Benitez accepting document: Plaintiff's Reply to Defendant's Objections to Report and Recommendations from Plaintiff David Codell Pride, JR, non-compliance with local rule Other: No original Signature. (All non-registered users served via U.S. Mail Service).(asw)(kaj). (Entered: 09/09/2008)

REPLY to Defendant's 30 Objections to Report and Recommendation, filed by David Codell Pride, JR. (NUNC PRO TUNC 7/29/08) (asw) Modified on 9/9/2008 to add text (asw). (kaj). (Entered: 09/09/2008)

ANSWER to 1 Complaint with Jury Demand by Santiago, M Correa, Levin, T Ochoa.(Lindsay, Phillip)(asw). (Entered: 09/18/2008)

ORDER Scheduling Telephonic Case Management Conference: A telephonic Case Management Conference is set for 1/28/2009 10:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 1/16/09. (All non-registered users served via U.S. Mail Service).(asw) (av1). (Entered: 01/16/2009)

Minute Entry for proceedings held before Magistrate Judge Jan M. Adler:Case Management Conference held on 1/28/2009. Order to follow. (Plaintiff Attorney David Codell Pride). (Defendant Attorney Philip Lindsay). (ale) (Entered: 01/28/2009)

Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings: A telephonic Case Management Conference was held on 1/28/09. Case Management Conference set for 4/30/2009 10:00 AM before Magistrate Judge Jan M. Adler. Mandatory Settlement Conference set for 11/4/2009 10:00 AM before Magistrate Judge Jan M. Adler. Final Pretrial Conference set for 12/14/2009 10:30 AM before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 11/30/2009. Proposed Pretrial Order due by 12/7/2009. Signed by Magistrate Judge Jan M. Adler on 1/28/09. (All non-registered users served via U.S. Mail Service).(asw) (kaj). (Entered: 01/28/2009)

Notice of Document Discrepancy by Magistrate Judge Jan M. Adler Accepting Document: Motion for Appointment of Counsel from David Codell Pride, JR. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service).(rmm) (Entered: 04/29/2009)

MOTION to Appoint Counsel by David Codell Pride, JR. Nunc pro tunc to 4/17/2009. (Attachments: # 1 Exhibit A & B, # 2 Proof of Service)(rmm) (Entered: 04/29/2009)

Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 4/30/2009. Order scheduling further CMC to follow.(Plaintiff Attorney David Codell Pride). (Defendant Attorney Philip Lindsay). (ale) (Entered: 04/30/2009)

ORDER denying Plaintiff's 39 Motion to Appoint Counsel. Signed by Magistrate Judge Jan M. Adler on 4/29/09. (All non-registered users served via U.S. Mail Service).(asw) (Entered: 04/30/2009)

ORDER Scheduling Telephonic Case Management Conference: A telephonic Case Management Conference was held on 4/29/09. A further telephonic Case Management Conference is set for 6/23/2009 09:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 4/30/09. (All non-registered users served via U.S. Mail Service).(asw) (Entered: 04/30/2009)

ORDER Rescheduling Case Management Conference: The Case Management Conference is rescheduled for 6/22/2009 02:00 PM before Magistrate Judge Jan M. Adler. All unrepresented parties and counsel shall appear telephonically at this conference. Signed by Magistrate Judge Jan M. Adler on 6/11/09. (All non-registered users served via U.S. Mail Service). (asw) (jrl). (Entered: 06/12/2009)

Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 6/22/2009. Order scheduling further CMC to follow. (Plaintiff Attorney David Codell Pride). (Defendant Attorney Philip Lindsay). (ale) (Entered: 06/22/2009)

ORDER Scheduling Telephonic Case Management Conference. A Telephonic Case Management Conference was held on 6/22/2009. A Telephonic Case Management Conference is set for 7/13/2009 09:00 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 6/22/09. (All non-registered users served via U.S. Mail Service).(cap) (jrl). (Entered: 06/23/2009)

MOTION to Appoint Expert by David Codell Pride, JR. (Attachments: # 1 Declaration, # 2 Proof of Service)(rmm) (Entered: 07/07/2009)

MOTION for Extension of Time to Comply with the Court's Discovery Order by David Codell Pride, JR. (Attachments: # 1 Declaration, # 2 Proof of Service)(rmm) (Entered: 07/07/2009)

ORDER denying 46 Motion for Appointment of Medical Expert and granting 47 Motion for Extension of the Discovery Cut-Off Deadline. IT IS HEREBY ORDERED that the discovery cut-off deadline in this case is continued from 7/31/09 to 10/30/09. Signed by Magistrate Judge Jan M. Adler on 7/9/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl). Modified on 7/14/2009 to clarify text (asw). (Entered: 07/09/2009)

Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 7/13/2009. Order to follow. (Plaintiff Attorney David Codell Pride). (Defendant Attorney Philip Lindsay). (ale) (Entered: 07/13/2009)

AMENDED SCHEDULING ORDER: Case Management Conference set for 10/22/2009 09:30 AM before Magistrate Judge Jan M. Adler. Mandatory Settlement Conference set for 2/4/2010 10:00 AM before Magistrate Judge Jan M. Adler. Final Pretrial Conference set for 3/15/2010 10:30 AM before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 3/1/2010. Proposed Pretrial Order due by 3/8/2010. Signed by Magistrate Judge Jan M. Adler on 7/13/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl). (Entered: 07/13/2009)

Notice of Document Discrepancy by Magistrate Judge Jan M. Adler Rejecting Document: Plaintiff's Request for Admissions from Defendants from David Codell Pride, JR. Non-compliance with local rule(s), OTHER: Unless filing is ordered by the court, no discovery (ie: depositions, interrogatories and requests for admissions) are filed in the district court. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer (All non-registered users served via U.S. Mail Service).(smy) (Entered: 07/14/2009)

NOTICE of Appearance by Terrence F Sheehy on behalf of Santiago, M Correa, Levin, T Ochoa (Sheehy, Terrence)(asw). (Entered: 09/22/2009)

Ex Parte MOTION to Take Deposition from Plaintiff, an Incarcerated Individual by Santiago, M Correa, Levin, T Ochoa. (Sheehy, Terrence)(asw). (Entered: 09/22/2009)

ORDER Permitting the Deposition of Plaintiff, David Codell Pride, Jr., CDCR No. H-61218, an incarcerated individual. Signed by Magistrate Judge Jan M. Adler on 9/24/09. (All non-registered users served via U.S. Mail Service).(asw) (jrl). (Entered: 09/24/2009)

MOTION for Extension of Time to File by David Codell Pride, JR. (rmm) (Entered: 10/16/2009)

ORDER denying 55 Motion for Extension of the Discovery Cut-Off Deadline. Signed by Magistrate Judge Jan M. Adler on 10/19/09. (asw) (jrl). (Entered: 10/19/2009)

Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 10/22/2009. (Plaintiff David Codell Pride). (Defendant Attorney Terrence F. Sheehy). (ale) (Entered: 10/22/2009)

Notice of Document Discrepancy by Magistrate Judge Jan M. Adler Rejecting Document: Plaintiff's Objection to Defendant's Motion for Production of Documents from David Codell Pride, JR. Non-compliance with local rule(s), OTHER: Objection to a document that is not on file. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. (All non-registered users served via U.S. Mail Service)(rmm) (Entered: 10/23/2009)

Notice of Document Discrepancy by Judge Roger T. Benitez Rejecting Document: Plaintiff request permission from this Court to depose defendants M. Correa, L. Santiago, M. Levin and T. Ochoa and Request for production of documents from David Codell Pride, JR. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. (All non-registered users served via U.S. Mail Service)(rmm) (Entered: 10/23/2009)

Ex Parte MOTION for Extension of Time to File Pretrial Motions by M Correa, Levin, T Ochoa, Santiago. (Attachments: # 1 Declaration of Terrence f. Sheehy in Support of Defendants' Ex Parte Application for an Order Extending the Pretrial Motion Filing Deadline)(Sheehy, Terrence)(rmm). (Entered: 11/18/2009)

ORDER granting Defendants' 60 Ex Parte Application for an Order Extending the Pretrial Motion Filing Deadline: Defendants' request to extend the deadline for filing pretrial motion is continued to 12/11/09. Signed by Magistrate Judge Jan M. Adler on 11/20/09. (All non-registered users served via U.S. Mail Service) (asw). (jrl). (Entered: 11/20/2009)

MOTION for Summary Judgment by M Correa, Levin, T Ochoa, Santiago. (Attachments: # 1 Memo of Points and Authorities in Support of Defendants' Motion for Summary Judgment - Part 1, # 2 Memo of Points and Authorities Part 2 - Exhibits A and B, # 3 Memo of Points and Authorities Part 3 - Exhibits C - J, # 4 Memo of Points and Authorities Part 4 - Exhibits K - T, # 5 Notice Rand Notice to Plaintiff of Defendants' Motion for Summary Judgment [Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998); Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1998)], # 6 Separate Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment, # 7 Declaration of Defendant M. Correa in Support of Defendants' Motion for Summary Judgment, # 8 Declaration of Defendant M. Levin, M.D., in Support of Defendants' Motion for Summary Judgment - Part 1, # 9 Declaration of Defendant M. Levin, M.D., in Support of Defendants' Motion for Summary Judgment - Part 2, # 10 Declaration of Defendant T. Ochoa in Support of Defendants' Motion for Summary Judgment, # 11 Declaration of L. Santiago, M.D., in Support of Defendants' Motion for Summary Judgment, # 12 Declaration of Terrence F. Sheehy in Support of Defendants' Motion for Summary Judgment)(Sheehy, Terrence)(rmm). (Entered: 12/11/2009)

Order providing notice pursuant to Klingele v. Eikenberry. Opposition must be filed with the Court and served on all parties by 3/1/2010. Defendants must file and serve their Reply to that Opposition by 3/8/2010. Signed by Judge Roger T. Benitez on 12/16/09.(All non-registered users served via U.S. Mail Service)(rmm) (Entered: 12/17/2009)

Notice of Document Discrepancy by Magistrate Judge Jan M. Adler Rejecting Document: Memorandum of Points and Authorities in Support of Plaintiff's Civil Rights Action from David Codell Pride, JR. Non-compliance with local rule(s), Supplemental documents require court order. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1.(All non-registered users served via U.S. Mail Service)(rmm) (Entered: 12/18/2009)

ORDER vacating mandatory Settlement Conference. The Mandatory Settlement Conference on February 4, 2010 at 10 a.m. is vacated. Signed by Magistrate Judge Jan M. Adler on 1/15/10.(All non-registered users served via U.S. Mail Service)(asw) (jrl). (Entered: 01/19/2010)

MOTION for Extension of Time to File Response in Opposition as to 62 MOTION for Summary Judgment by David Codell Pride, JR. (Attachments: # 1 Declaration, # 2 Proof of Service)(ecl) (Entered: 02/26/2010)

Ex Parte MOTION to Vacate 50 Scheduling Order,, or Continue the Pretrial Schedule Pending a Ruling on Defendants' Motion for Summary Judgment by M Correa, Levin, T Ochoa, Santiago. (Attachments: # 1 Declaration of Terrence Sheehy in Support of Defendants' Ex Parte Application to Vacate or Continue the Pretrial Schedule Pending a Ruling on Defendants' Motion for Summary Judgment)(Sheehy, Terrence) (ecl). (Entered: 03/04/2010)

ORDER granting Defendants' 67 Ex Parte Application and Continuing Pretrial Schedule: Memorandum of Contentions of Law and Fact due 7/6/10; Proposed Pretrial Order due 7/12/10, Pretrial Conference 7/19/10 at 10:30 AM before Judge Benitez. Signed by Magistrate Judge Jan M. Adler on 3/8/10. (All non-registered users served via U.S. Mail Service)(asw) (jrl). (Entered: 03/08/2010)

ORDER granting 66 Motion to Continue Hearing on Motion for Summary Judgment; the hearing on defendants' motion for summary judgment 62 is continued to 04/19/10 at 10:30am. Signed by Judge Roger T. Benitez on 3/8/10. (All non-registered users served via U.S. Mail Service)(kaj) (Entered: 03/09/2010)

Minute Order issued by the Honorable Roger T. Benitez: Submitting [62-1] MOTION for Summary Judgment. Court to issue Order. Motion Hearing date of 4/19/2010 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service)(gxr) (Entered: 04/12/2010)

Notice of Document Discrepancy by Judge Roger T. Benitez Accepting Document: Letter Requesting Status/Extension of Time to File Opposition from David Codell Pride, JR. Non-compliance with local rule(s), OTHER: Per L.R. 77.2, request not grantable by the clerk without further direction from the Judge. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(ecl) (Entered: 04/20/2010)

Letter Requesting Status/Extension of Time to File Opposition from Plaintiff. Nunc pro tunc 4/19/10. (ecl) (Entered: 04/20/2010)

ORDER Granting Plaintiff's 72 Request for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment. Plaintiff shall have until Friday, May 7, 2010, to file his Opposition and Defendants shall have until Friday, May 14,2010, to file a Reply. Defendants' Motion for Summary Judgment shall be considered submitted as of Friday, May 14, 2010. Signed by Judge Roger T. Benitez on 4/21/2010.(All non-registered users served via U.S. Mail Service)(knh) (kaj).

Notice of Document Discrepancy Accepting Document: (Doc. 75 ) Opposition to Motion for Summary Judgment from David Codell Pride, JR. Non-compliance with local rule(s), OTHER: Letter of Request for Extension of Time to File Opposition pending as Doc. # 72. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge Roger T. Benitez (pslc) on 4/21/2010. (All non-registered users served via U.S. Mail Service.) (mdc) (Entered: 04/23/2010)

RESPONSE in Opposition re Doc. 62 MOTION for Summary Judgment filed by David Codell Pride, JR. NUNC PRO TUNC 4/20/2010, per Doc. 74 . (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Genuine Issues of Facts and Conclusions of Law, # 3 Exhibits - Part 1, # 4 Exhibits - Part 2) (mdc) (Entered: 04/23/2010)

Notice of Document Discrepancy Accepting Document: (Doc. 77 ) Motion to Dismiss Summary Judgment from David Codell Pride, JR. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing proof of service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge Roger T. Benitez (pslc) on 4/22/2010. (All non-registered users served via U.S. Mail Service.) (mdc) (Entered: 04/23/2010)

MOTION To Dismiss Motion For Summary Judgment (Doc. 62 ) by David Codell Pride, JR. NUNC PRO TUNC 4/20/2010, per Doc. 76 . (mdc) (Entered: 04/23/2010)

REPLY to Response to Motion re 62 MOTION for Summary Judgment filed by M Correa, Levin, T Ochoa, Santiago. (Sheehy, Terrence) Modified on 5/17/2010 to correct document relationship; Reply is to Doc. No. 62, not Doc. No. 77 (ecl). (Entered: 05/17/2010)

ORDER: (1) Granting Defendants' 62 Motion for Summary Judgment Pursuant to Fed.R.Civ.P.56(c); and (2) Denying Plaintiff's 77 Motion to Dismiss Motion for Summary Judgment. The Court further Certifies that an IFP appeal from this Order would be frivolous and, therefore, would not be taken in good faith pursuant to 28 USC 1915(a)(3). Signed by Judge Roger T. Benitez on 5/27/2010. (All non-registered users served via U.S. Mail Service)(knh) (kaj).

CLERK'S JUDGMENT is in favor of Levin, Santiago, M Correa, T Ochoa against David Codell Pride, JR. IT IS SO ORDERED AND ADJUDGED that the Defendants' Motion for Summary Judgment Pursuant to Fed.R.Civ.P.56(c) is Granted; and Plaintiff's Motion to Dismiss Motion for Summary Judgment is Denied. The Court further Certifies that an IFP appeal from this Order would be frivolous and, therefore, would not be taken in good faith pursuant to 28 USC 1915(a)(3). (All non-registered users served via U.S. Mail Service)(knh) (kaj). Modified to add text on on 6/2/2010 (knh) (Entered: 06/01/2010)

NOTICE OF APPEAL as to 80 Clerk's Judgment, by David Codell Pride, Jr. (Filing Fee: Not Paid). (Notice of Appeal electronically transmitted to US Court of Appeals. US District Court Judge certified in 79 Order that any IFP appeal from Order would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3).) (akr) (Entered: 06/30/2010)

USCA Case Number 10-56036 for 81 Notice of Appeal, filed by David Codell Pride, Jr. (akr) (Entered: 06/30/2010)

USCA Time Schedule Order for 81 Notice of Appeal. (akr) (Entered: 06/30/2010)

NOTICE of Plaintiff's Statement of Issues Raised on Appeal and Designation of the Record on Appeal, by David Codell Pride, Jr., re 81 Notice of Appeal. (akr) (Entered: 07/09/2010)

ORDER of USCA as to 81 Notice of Appeal, filed by David Codell Pride, Jr. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of entry of this order, appellant shall: (1) file a motion with the USCA to proceed in forma pauperis; (2) pay $455.00 to the USDC the docketing and filing fees for this appeal and provide proof of payment to the USCA; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. If appellant fails to comply with this order, this appeal will be dismissed automatically by the USCA Clerk for failure to prosecute. (akr) (Entered: 07/14/2010)

TRANSCRIPT REQUEST by David Codell Pride, Jr.: No Transcripts Designated re 81 Notice of Appeal. (akr) (Entered: 07/20/2010)

NOTICE of Designation of Record on Appeal, by David Codell Pride, Jr., re 81 Notice of Appeal. (akr) (Entered: 07/20/2010)

VACATED PER 89 ORDER OF USCA: ORDER of USCA as to 81 Notice of Appeal, filed by David Codell Pride, Jr. Appellant's motion to proceed in forma pauperis is denied because appellant has failed to show that the appeal is not frivolous. Within 21 days after the date of this order, appellant shall pay $455.00 to the USDC as the docketing and filing fees for this appeal and file proof of payment with the USCA. Failure to pay the fees will result in the automatic dismissal of the appeal by the USCA Clerk for failure to prosecute, regardless of further filings. No motions for reconsideration, clarification, or modification of the denial of appellant's in forma pauperis status shall be filed or entertained. If appellant pays the fees as required and files proof of such payment in the USCA, appellant shall simultaneously show cause why the judgment challenged in this appeal should not be summarily affirmed. If appellant elects to show cause, a response may be filed within 10 days after service of appellant's filing. If appellant pays the fees but fails to file a response to this order, the USCA Clerk shall dismiss this appeal for failure to prosecute. If the appeal is dismissed for failure to comply with this order, the USCA Clerk shall not file or entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees and a response to the order to show cause. Briefing is suspended pending further order of the USCA. (akr). Modified on 2/4/2011 to note that the order has been vacated. (akr). (Entered: 10/14/2010)

ORDER of USCA as to 81 Notice of Appeal, filed by David Codell Pride, Jr. The USCA's October 13, 2010, order is vacated. The USDC has certified that this appeal is not taken in good faith and has revoked appellant's in forma pauperis status for the purpose of appeal. Our review of the record indicates that appellant is entitled to in forma pauperis status for this appeal. Pursuant to 28 U.S.C. § 1915(b)(1) and (2), however, appellant eventually must pay the full amount of the filing and docketing fees for this appeal. Accordingly, within 21 days after the date of this order, appellant shall complete and file with the USCA the enclosed authorization form, which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $455.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. These fees will continue to be collected regardless of the date or manner of disposition of this appeal. If appellant fails to comply with this order, the Clerk shall dismiss the appeal for failure to prosecute. Briefing schedule issued to apply if appellant complies with this order. Because appellant is proceeding without counsel, the USCA waives the excerpts of record requirement. The supplemental excerpts of record are limited to the USDC docket report, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in the answering brief. (akr) (Entered: 02/04/2011)

ORDER of USCA t/w Prisoner Authorization Form as to 81 Notice of Appeal, filed by David Codell Pride, Jr. Appellant has been granted leave to proceed in forma pauperis and has completed and filed the required authorization form directing the appropriate prison officials to assess, collect, and forward to the USDC the filing and docketing fees for this appeal. USCA assesses and defines initial filing fee. Appellant is not responsible for payment when the funds in appellant's prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. The Clerk shall serve this order and appellant's completed authorization form on the Attorney General for the State of California, who shall notify the appropriate agency or prison authority responsible for calculating, collecting, and forwarding the initial payment assessed in this order and for assessing, collecting, and forwarding the remaining monthly payments of the fee to the USDC for this appeal. Each payment should be accompanied by the USDC and appellate docket numbers for this appeal and a record of previous payments made for this appeal. All pending motions will be addressed by separate order. (cc: USDC Financial Department). (akr) (Entered: 03/01/2011)

ORDER of USCA as to 81 Notice of Appeal, filed by David Codell Pride, Jr. Appellant's motion for appointment of counsel is granted. The USCA by this order expresses no opinion as to the merits of this appeal. The USCA Clerk shall enter an order appointing pro bono counsel to represent appellant for purposes of this appeal only, and establishing a revised briefing schedule. The appeal is stayed pending further order of the USCA. In addition to any other issues the parties address in their briefs, the parties shall address the USDC's holding that this case involves a difference of medical opinion. Appellant's alternative request that the USCA send him a copy of the Appellant's Informal Brief form is denied as moot. (akr) (Entered: 03/15/2011)

ORDER of USCA as to 81 Notice of Appeal to 9th Circuit, filed by David Codell Pride, Jr. Appellees-Defendants' motion to extend the due date for their Petition for Rehearing En Banc is granted. Any Petition for Rehearing En Banc shall be filed on or before February 8, 2013. (akr) (Entered: 01/11/2013)

ORDER of USCA as to 81 Notice of Appeal to 9th Circuit, filed by David Codell Pride, Jr. The panel has voted to deny Defendants-Appellees' motion to supplement the record with the February 8, 2013 declaration of Evelyn M. Matteucci. Judge Pregerson and Judge Paez have voted to deny Defendants-Appellees' petition for rehearing en banc, and Judge Noonan has so recommended. The full court was advised of Defendants-Appellees' petition for rehearing en banc and no judge requested a vote on whether to rehear the matter en banc. Accordingly, Defendants-Appellees' petition for rehearing en banc is denied. (akr) (Entered: 07/09/2013)

ORDER of USCA as to 81 Notice of Appeal to 9th Circuit, filed by David Codell Pride, Jr. Pride's request for publication is granted. The memorandum disposition filed on December 27, 2012, is withdrawn. A published opinion along with a new memorandum disposition will be filed concurrently with this order. (akr) (Entered: 07/16/2013)

NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 9/3/2013 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) (Entered: 08/14/2013)

Notice of Document Discrepancies by Judge Roger T. Benitez Accepting Document: Ex Parte Motion to Appoint Pro Bono Counsel from David Codell Pride, JR. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge Roger T. Benitez on 8/27/2013.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 08/28/2013)

Ex Parte MOTION to Appoint Counsel by David Codell Pride, JR. NUNC PRO TUNC 8/23/2013. (knb) (Entered: 08/28/2013)

Minute Entry for proceedings held before Judge Roger T. Benitez: Appeal Mandate Hearing held on 9/3/2013. Pro Se Litigant David Codell Pride appearing telephonically. Appeal Mandate ordered filed for USCA Case Number(s): 10-56036. Court to issue written Order as to 97 MOTION to Appoint Counsel. Court refers this case to Magistrate Judge Jan M. Adler for further scheduling. Plaintiff oral request to designate this case under Pro Bono provisions - Granted.(Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney David Codell Pride [Pro Se], Johanna S. Schiavoni). (Defendant Attorney Terrence F. Sheehy). (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) (Entered: 09/04/2013)

MANDATE of USCA reversing and remanding to the USDC as to 81 Notice of Appeal to 9th Circuit, filed by David Codell Pride, Jr. (akr) (Entered: 09/05/2013)

ORDER Granting 97 Motion to Appoint Pro Bono Counsel. Appointed Johanna S. Schiavoni for David Codell Pride, JR. Signed by Judge Roger T. Benitez on 9/6/2013. (cc: Johanna S. Schiavoni)(All non-registered users served via U.S. Mail Service)(knb)